Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1887-01-08
THE COURT RECORD.
Superior Court-CIvil Side-Judge To-

Superior Court-CIvi1 Side-Judge Tor.
rance.
Yesterday was short calendar day in the civil
side of the Superior court The case OF E. L. KIM
berry, of West Haven, vs.. the Union Publishing
company for libel account of an alleged nbeions
article was the first the docket. Attorney Lynde
Harrison counsel for the Union, filed a demurrer
to the plaintiffs pleadings the ground that the
complaint was not Photographed and numbered con-
clusivey so that it could not be replied to and De-
cause it did state concisely the facts claimed
The first count of the demurrer was sustained as
Attorney Pardee, for Plaintiff Kimberly, agreed to
number the paragraphs. Mr.. Harrison then made
long motion to expunge large portions OF the
complaint. This complaint consists of the column
article in the Union in which Mr.. Kimberly IS al
legged to have defrauded Wilson Waddingham
while agent of the West Shore Land Improvement
company. The article contains many side issues
and references to James Scott. who embezzled
from Mr. Waddngham.
Attorney Harrison claimed that large portion
Of this matter was irrelevant ana aia a0t 6'G1u V
plunged, Mr.. Pardee objected to any OF the Union
article being % fr0m shs beou
and gre M RWbsT Sas
also been retained by Mr.. Kimberly.
DIVORCES GRANTED.
Hugh McKeon divorced yesterday from
Bridget McKeon They are New Haveners, were
married August 1s, 1872, and the custody OF two
minor children was given to the plaintiff Cause,
habitual intemperance.
Fannie Painter, of this city, obtained a divorce
from Sydney M. Painter, of Orange, on the grounds
of habitual intemperance and intolerable cruelty
They were married July l, 1880.
court of Common Pleas-Judge stud
ley.
Final arguments were heard yesterday in the
case of johnson Higgins. Judge Torrance re-
served his decision.
Arguments on demurrer were heard in the case
of the town of Hamden vs. Jonathan B. Merwin.
The town wishes to recover from Merwin on the
keeping of child.
City Court Criminal side Judge
Pickett.
Daniel McMullen. theft, third offense, bound over
to Superior court; Peter and Frank j. O'Neil,
breach of the peace. continued to January IL; Da
vd Hennessey, vagrancy, IS days in Jail.
Court Notes
The case of Ezra Healy James W. Horton, of
Fair Haven was heard in the City court, civil side,
yesterday morning. The suit for note of
$500. The defendant and his attorney did not APP
Lear and the plaintiff was awarded $500 in judg
ment by default
IN BONDS OF $500.
United States Commissioner Platt yesterday
heard the of Adolph Leopold of Waterbury,
charged with neglectng to cancel stamps upon CT
gar boxes. Deputy Collector Kennedy, Of Manga
tuck testified that he found from 100 to $50 boxes
upon which the stamps had not been cancelled. The
defense offered by Mr.. Leopold was that he had
been sick in New York hospital and had not been
able to attend to his business personally. Commits
sioner Platt found probable cause and bound Leo
pold over to the United States court in the sum of
$780,
FOR THE THEFT OF COAT.
Daniel McHIullen was bound over to the Superior
court yesterday by Judge Pickett of the City court
McMulen stole coat and it was his third ohense.
STILL LAReR.
John Starkey, the gate tender for whom a bench
has not yet been captured although it is thought
that Sheriff Gates went to Hartford for him yester-
day.
day furnished bonds in the sum of 81 600 for the
appearance of Elber o. Morrell Of the New York,
New Haven and Hartford road for manslaughter.
GETS BAIL.
Frank Dawson the alleged Milford firebug who
sick with consumption at the jail was ba1led
out yesterday by Lawrencs Murphy, of Milford
WAIVED EXAMINATION.
John T. Donovan, who was one OF the forty-tw
captured at cock fight last Sunday morning at
bridgeport, has waived examination in the pros
ecution against him and from the sentence i'm
posed by the court appealed to the Superior court
under bond of 500.
TO JANUARY Ii.
Peter O'Neil. who was charged with breach of
the peace against his wife in the City court yeSter
day morning, had his case continued by Judge
Pick. tt until January Ii.
The suit that was brought against the Housatonic
railroad company by the commonwealth OF MaSSa.
chusetts for not complying with order OF the
railroad commissioners for tariff between Lee,
Mass, and Bridgeport in accordance with State
statutes covering the matter has been settled the
Supreme urt holding that the law compelling the
railroad to 50 act was in violation of the constitu
IF hal I'D Gfotn or6F1